NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Osborne v R [2007] NSWCCA 91
HEARING DATE(S): 28 March 2007
JUDGMENT DATE: 2 April 2007
JUDGMENT OF: Simpson J at 1; Howie J at 36; Hislop J at 37
DECISION: Leave to appeal granted; appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application to appeal against sentences - using offensive weapon with intent to commit indictable offence (assault) - using an offensive weapon to avoid apprehension - six Form 1 offences - agreed statement of facts - lengthy criminal history - subjective circumstances - drug use - mental illness - applicant not called as witness at trial - decision not to call applicant within professional discretion of applicant's counsel - rehabilitation - no pre-sentence report - no miscarriage of justice in absence of pre-sentence report - amphetamine use not mitigating circumstance - no error in sentencing process - sentences within range available for serious offences
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, Part 3, Division 3, s34
R v Birks (1990) 19 NSWLR 677 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 CASES CITED: R v Israil [2002] NSWCCA 255 R v Jiminez [1999] NSWCCA 7 R v Pearce, unreported, NSWCCA 1 November 1996
PARTIES: Leonard Osborne - Applicant Crown - Respondent
FILE NUMBER(S): CCA 2006/2820
COUNSEL: J Dwyer - Crown
SOLICITORS: Applicant in person S Kavanagh - Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/31/0339
LOWER COURT JUDICIAL OFFICER: Andrew ADCJ
LOWER COURT DATE OF DECISION: 15 May 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2820
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